For a printable version of the Terms & Conditions, please click here.
These Terms and Conditions were last updated on the 23rd May 2016.
means these Terms and Conditions.
means the annual fee (excluding any taxes and duties) payable by You in advance in accordance with the fee schedule set out on the Website (which AskYourTeam may change from time to time).
includes all information exchanged between the parties to this agreement, whether in writing, electronically or orally, including the service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
means any data inputted by You or with Your authority into the Website.
"Intellectual Property Right"
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means the online continuous involvement system services made available (as may be changed or updated from time to time by AskYourTeam) via the Website.
means the Internet site at the domain www.AskYourTeam.com or any other site operated by AskYourTeam.
means Ask Holdings Limited (a New Zealand Registered Company (Company number: 5097962 - NZ Business Number: 9429041170304) and all current and future global subsidiaries of Ask Holdings Limited including, without limitation Ask Your Team NZ Limited trading as “AskYourTeam”.
means any person or entity, other than the Subscriber, that uses the service with the authorisation of the Subscriber from time to time.
means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
"You" or 'Your'
means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.
2. USE OF SOFTWARE
AskYourTeam grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:
2.1 the Subscriber determines who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has;
2.2 the Subscriber is responsible for all Invited Users’ use of the Service;
2.3 the Subscriber controls each Invited User’s level of access to the relevant organisation and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
2.4 if there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant data or service that Invited User shall have, if any.
3. YOUR OBLIGATIONS
3.1 Payment obligations:
The Access Fee payable for Your subscription is the standard Access Fee as indicated on the Website for one year from the date Your survey is launched by AskYourTeam. You will be charged in the currency as indicated via the Website, which, if not the currency of Your bank account, will be converted by Your bank into the currency as indicated on the Website. We are not responsible for any additional charges Your bank may apply.
We accept payment by direct credit or credit card. If You choose to pay by direct credit an invoice will be sent to You, via the contact details provided by You, within 7 days from the date of Your subscription. The price payable as stated on the invoice is payable within 14 days of the date of the invoice. Until payment is received You will be able to complete the survey but will not be able to access any reports.
You agree that You are not entitled to any variations, subject to offers thereafter in respect of the Access Fee and as such, will not receive a part refund of the Access Fee initially agreed.
Any additional participants that are added following Your initial subscription, which exceeds Your initial subscription, will be charged for.
3.2 General obligations:
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these terms and any notice sent by AskYourTeam. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so You must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this agreement that apply to You.
To maximise the value to Your organisation, You will;
3.3 Access conditions:
3.4 Usage Limitations:
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes. Any such limitations will be advised.
You indemnify AskYourTeam against all claims, costs, damages or loss arising from Your breach of any of these terms or any obligation You may have to AskYourTeam, including (but not limited to) any costs relating to the recovery of any Access Fee that are due but have not been paid by You.
4. CONFIDENTIALITY AND PRIVACY
Subject to clause 5.2, unless the relevant party has the prior written consent of the other or unless required to do so by law:
5. INTELLECTUAL PROPERTY
Title to, and all intellectual property rights in the Service, the Website and any documentation relating to the Service and any trademarks relating to AskYourTeam or the Service remain the property of AskYourTeam (or its licensors).
You agree that You will not attempt to sublicense, modify, adapt, or reverse engineer the software used to provide the Service or develop a similar product or system to the Service.
5.2 Ownership of Data:
You agree that AskYourTeam will, subject to clause 4.2, have access to Your data and may use Your data (anonymously) and distribute information derived from that data, including but not limited to survey results, as long as it is in a form that does not personally identify You, Your organisation or any person You have authorised to use the service. The purpose of this is to enable AskYourTeam to develop and distribute information relating to industry specific trends and benchmarking, Industry comparisons, analysis of common issues and information relating to demographics derived from surveys and survey data.
5.3 Backup of Data:
AskYourTeam adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of data. AskYourTeam expressly excludes liability for any loss of data no matter how caused.
6. WARRANTIES AND ACKNOWLEDGEMENTS
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these terms, without limiting Your own personal obligations under these terms.
You acknowledge that:
6.3 No warranties:
AskYourTeam gives no warranty about the Service. Without limiting the foregoing, AskYourTeam does not warrant that the Service will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
6.4 Consumer guarantees:
You warrant and represent that You are acquiring the right to access and use the Service for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the Website or these terms.
7. LIMITATION OF LIABILITY
7.1 To the maximum extent permitted by law, AskYourTeam excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
7.2 If You suffer loss or damage as a result of AskYourTeam's negligence or failure to comply with these terms, any claim by You against AskYourTeam arising from AskYourTeam's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
8.1 No-fault termination:
These terms will continue for the period covered by the Access Fee paid or payable under clause 3.1.
8.3 Accrued Rights:
Termination of these terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this agreement You will:
8.4 Expiry or termination:
Clauses 3.1, 3.5, 4, 5, and 7 survive the expiry or termination of these terms.
9. HELP DESK
9.1 Technical Problems:
In the case of technical problems please check the support provided online by AskYourTeam on the Website or failing that email us at firstname.lastname@example.org
9.2 Service availability:
Whilst AskYourTeam intends that the Service should be available 24 hours a day, seven days a week, it is possible that on occasions the Service or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason AskYourTeam has to interrupt the Service for longer periods than AskYourTeam would normally expect, AskYourTeam will use reasonable endeavours to publish in advance details of such activity on the Website.
10.1 Entire agreement:
If either party waives any breach of these terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
10.4 No Assignment:
You may not assign or transfer any rights to any other person without AskYourTeam's prior written consent.
10.5 Governing law and jurisdiction:
This Agreement is governed by the laws of New Zealand and You submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this agreement.
If any part or provision of these terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this agreement will be binding on the parties.
Any notice given under these terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to AskYourTeam must be sent to email@example.com or to any other email address notified by email to You by AskYourTeam. Notices to You will be sent to the email address which You provided when setting up Your access to the service.
10.8 Rights of Third Parties:
A person who is not a party to these terms has no right to benefit under or to enforce any clause of these terms.
10.9 Refund & Cancellation Policy:
AskYourTeam will cancel Your subscription and offer a complete refund if You are able to identify individual participants by their feedback provided in the assertions.
This privacy statement discloses the privacy practices for the use of http://www.askyourteam.com
References in this document to “AskYourTeam” refer to ASKYOURTEAM.COM, the owners of AskYourTeam, their affiliates, officers, directors, employees, agents, and representatives (collectively, “ASKYOURTEAM.COM”).
What is personal information?
Personal information means any information or an opinion about you from which your identity is apparent or can reasonably be ascertained.
Collection of your personal information
You can access our website home page and browse our site without disclosing personal information. We may collect the personal data that you volunteer during subscription, or in other forms, or website visitors' contact information. This information is collected to enable us to carry out the service we provide. Unless you object, this information may also be used to: send news, information about our activities and general promotional material which we believe may be useful to you; monitor who is accessing the website or using services offered on the website; profile the type of people accessing the website; aggregate information from you and other subscribers and their clients, customers, officers, employees, contractors, consultants and affiliated commercial entities for the purpose of preparing reports and providing services. In such circumstances we would ensure that individuals and individual organisations remain anonymous.
We utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an commercial entities for the purpose of preparing reports and providing services. In such circumstances we would ensure that individuals and individual opportunity to either accept or reject it in each instance.
Disclosure of your personal information
We will only use your personal information for the purpose for which it was collected and any directly related purpose. We will not disclose your personal information to anyone without your consent, unless required to do so by law, and for any purpose which is not incidental to your use of this website. If you request us not to use your personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request, but we may still use or disclose that information if we: subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure; believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; are required by law to disclose the information; use aggregated information for analysis or reporting purposes where your personal information would remain anonymous.
Access to Personal Information
You are entitled to have access to any personal information relating to you which you have previously supplied to us over this website. If you wish to change your personal information, where it is incorrect, or wish to have your personal information deleted, please notify us.
Protection of your personal information
We will take reasonable steps to protect your personal information from misuse and loss and from unauthorised access, modification and disclosure. Once your personal information is no longer needed, we will take reasonable steps to destroy or permanently delete it. Use of emails and the internet may not always be secure. We cannot be held responsible for the security of information sent to us by email or over the internet.
General Security Policy
The security of your personal information is important to us. When you enter sensitive information into our site, we encrypt information during transmission of data and in our database. We adhere to accepted industry standards to protect the personal information submitted to us, both during transmission and on receipt. No method of transmission is 100% secure. As such, while we use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Monitoring of system usage
AskYourTeam staff and key commercial partners can access non-identifying and aggregated usage information and feedback results in order to better understand how our customers are using the service so we can improve the system design and where appropriate have the system prompt users with suggestions on ways to improve their own use of the system. All aggregated usage information is stored in a secure AskYourTeam data warehouse facility.
Contacting us about how we handle your personal information
While THETRUNORTHSYSTEM.COM agrees to maintain certain security measures to protect User information, THETRUNORTHSYSTEM.COM cannot be responsible for the release of User information caused by hacking or another user’s tampering with the THETRUNORTHSYSTEM.COM website. Users assume the risk that any information that they have submitted, however secure, may be illegally misappropriated by others. THETRUNORTHSYSTEM.COM agrees to fully cooperate with illegally misappropriated by others.
Last updated: 04 October 2013